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NY H84548




August 23, 2001

CLA-2-42:RR:NC:TA:341 H84548

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020; 4202.92.9026

Mr. Pete Aram
Nike, Inc.
One Bowerman Drive
Beaverton, OR 97005-6453

RE: The tariff classification of a backpack and cell phone case from China.

Dear Mr. Aram:

In your letter dated August 15, 2001, you requested a classification ruling for a backpack and a cell phone holder.

The sample submitted, identified as style 567168, consists of a top loading backpack with quilted compression panels and a detachable cell phone case. Both items are manufactured with an exterior surface of 100 percent polyester woven fabric. The backpack features an exterior front mesh pocket with elastic top and a zipper closure secures the top opening of the central compartment. The pack features a padded shoulder strap and a molded rubber handle designed to be carried on the back as well as by hand. It measures approximately 14 ½”(H) x 12”(W).

The backpack and cell phone case is presented put up for retail sale as a set. The backpack imparts the essential character of the set. If imported separately the backpack would normally be classified in tariff number 4202.92.3020 and the cell phone case in number 4202.92.9026.

Your sample is being returned as requested.

The applicable subheading for the backpack with cell phone case will be 4202.92.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, backpacks. The duty rate will be 18.3 percent ad valorem.

Goods classified within HTS 4202.92.3020 and 4202.92.9026 fall within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kevin Gorman at 212-637-7091.

Sincerely,

Robert B. Swierupski
Director,

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